Florida Regulations 40E-2.331: Modification of Permits
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(1) A permittee shall apply to the District for approval of any modification of an unexpired permit pursuant to Florida Statutes § 373.239 and Fl. Admin. Code R. 40E-1.609
(2) Applications for modification, except letter modifications issued pursuant to subsection (4), shall contain the information required in Fl. Admin. Code R. 40E-2.101, will be evaluated using the criteria specified in Fl. Admin. Code R. 40E-2.301, and will be subject to the limiting conditions specified in Fl. Admin. Code R. 40E-2.381 Modifications shall be approved if criteria in Fl. Admin. Code R. 40E-2.301, are met.
(3) Proposed increases in allocation will be treated as new uses to the extent the proposed allocation exceeds the existing allocation.
(4)(a) Modification of an existing water use permit shall be approved by letter, provided the permit is in compliance with all applicable limiting conditions and the modification request:
1. Does not result in an increase in the amount of the permit allocation;
2. Does not modify the existing permit expiration date, except when:
a. The permit duration is based upon the current lease expiration date, the permit duration shall be extended by letter modification to the new lease date, but shall not exceed the applicable permit duration pursuant to Fl. Admin. Code R. 40E-2.321;
b. A public water supply permittee achieves demonstrable savings attributable to implementation of its water conservation plan beyond that required by Subsection 2.3.2.F.1 of the Applicant’s Handbook;
c. A permittee complies with the extension provisions of Florida Statutes § 373.236(5); or,
d. The permit duration is based upon a proposed “”start”” date for dewatering, the permit duration shall be extended to one year from the new “”start”” date, but shall not exceed the applicable permit duration in Fl. Admin. Code R. 40E-2.321; or
3. Does not potentially interfere with any presently existing legal use of water, cause environmental harm, saltwater intrusion, pollution of the water resources, harm to offsite land uses, does not withdraw water reserved under Fl. Admin. Code Chapter 40E-10, or does not otherwise raise issues requiring a Staff determination of whether such impacts would occur pursuant to the “”Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,”” incorporated by reference in Fl. Admin. Code R. 40E-2.091;
4. Does not change the permitted withdrawal source(s) or use classification;
5. Does not result in a modification of the permit pursuant to Florida Statutes § 373.239(2); and,
6. Does not allow more cumulative days and time to conduct landscape irrigation pursuant to Fl. Admin. Code Chapter 40E-24, for those permits issued pursuant to Fl. Admin. Code R. 40E-2.061, and those permits classified as landscape irrigation use.
(b) The timeframes set forth in Fl. Admin. Code R. 40E-1.603, shall apply to the processing of letter modifications.
Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.083, 373.223, 373.229, 373.239 FS. History-New 9-3-81, Formerly 16K-2.09(1), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 8-1-02, 4-23-07, 2-13-08, 7-2-09, 3-15-10, 10-23-12, 7-14-14.
Terms Used In Florida Regulations 40E-2.331
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(3) Proposed increases in allocation will be treated as new uses to the extent the proposed allocation exceeds the existing allocation.
(4)(a) Modification of an existing water use permit shall be approved by letter, provided the permit is in compliance with all applicable limiting conditions and the modification request:
1. Does not result in an increase in the amount of the permit allocation;
2. Does not modify the existing permit expiration date, except when:
a. The permit duration is based upon the current lease expiration date, the permit duration shall be extended by letter modification to the new lease date, but shall not exceed the applicable permit duration pursuant to Fl. Admin. Code R. 40E-2.321;
b. A public water supply permittee achieves demonstrable savings attributable to implementation of its water conservation plan beyond that required by Subsection 2.3.2.F.1 of the Applicant’s Handbook;
c. A permittee complies with the extension provisions of Florida Statutes § 373.236(5); or,
d. The permit duration is based upon a proposed “”start”” date for dewatering, the permit duration shall be extended to one year from the new “”start”” date, but shall not exceed the applicable permit duration in Fl. Admin. Code R. 40E-2.321; or
3. Does not potentially interfere with any presently existing legal use of water, cause environmental harm, saltwater intrusion, pollution of the water resources, harm to offsite land uses, does not withdraw water reserved under Fl. Admin. Code Chapter 40E-10, or does not otherwise raise issues requiring a Staff determination of whether such impacts would occur pursuant to the “”Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,”” incorporated by reference in Fl. Admin. Code R. 40E-2.091;
4. Does not change the permitted withdrawal source(s) or use classification;
5. Does not result in a modification of the permit pursuant to Florida Statutes § 373.239(2); and,
6. Does not allow more cumulative days and time to conduct landscape irrigation pursuant to Fl. Admin. Code Chapter 40E-24, for those permits issued pursuant to Fl. Admin. Code R. 40E-2.061, and those permits classified as landscape irrigation use.
(b) The timeframes set forth in Fl. Admin. Code R. 40E-1.603, shall apply to the processing of letter modifications.
Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.083, 373.223, 373.229, 373.239 FS. History-New 9-3-81, Formerly 16K-2.09(1), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 8-1-02, 4-23-07, 2-13-08, 7-2-09, 3-15-10, 10-23-12, 7-14-14.